Property Rights Protection On Housing Demolition In Urban Area

The word "demolition" become popular vocabulary in recent years, not onlybecause of demolition in the process of urbanization is the inevitable phenomenon,more important is because of the violence in the process of demolition and relocationbehavior lead to the demolition of a murder, a serious violation of private propertyrights of individual citizens, even the infringement of personal right of life. And thesignificance of private property rights to individuals and society is self-evident.Private property can meet the basic needs of people and protect individual freedomand personal dignity. At the same time, protecting citizen’s private property rights isan important meaning to restrict government power range, and finally it’s favorablefor the formation of civic culture and the establishment of the rule of law society.With "property law","state-owned land on the housing levy and compensationordinance issued”, the compulsory administrative act, the supreme people’s courtabout the houses on the state-owned land shall apply to the people’s court forcompulsory enforcement levy compensation provisions on some issues of decidedcases, housing demolition becomes to standardization. Especially the "state-ownedland on the housing levy and compensation ordinance issued" reduces the demolitionof confusion protecting private property rights of the individual to a large extent.For house dismantlement of the problem, many scholars in our country haveresearched on demolition decision, the execution of compensation and relocation. Thecurrent study was mostly around on the surface of the cause of violent demolition,and they didn’t analyze from the perspective of deep thinking about the causes of thisphenomenon. No mature of protecting private property right in our country’s soil,citizen culture is not developed sense of private rights because of history and culture.Collectivism prevailing, wanton interference to the private rights, personal interestobedience to collective interests influence the private rights. The concept of city development and the government governing idea, excessivly pursuiting to GDP andgovernment performance, are promoting factors of the violent demolition. There are alot of problems such as the decision made, the amount of compensation anddemolition of the implementation process in demolition system. Defining publicinterests, for example, the majority interests above the minority interests often occursin public interest defining, and public interest defining utilitarily is serious. Thegovernment in order to reduce the cost to the public interest and in the name ofeconomic development often lower compensation amount. Due to the demolition anddemolition party’s status and identity of inequality, the asymmetry of informationresources, many of the programs of public transparency are limited, making the levyoften at a disadvantage. Due to various stakeholders in the process of urbandemolition, often appear the interests of all parties the subject as far as possible thepursuit of their own interests,"the prisoner’s dilemma" that generates in the process ofdemolition, greatly contributed to the unfair phenomenon in the process of urbandemolition cycle. In the execution of programs, is also a flashpoint for violencedemolition stage. Such as water, electricity, intimidation, and so on all kinds ofviolence forced evictions. Administrative organs in order to accelerate the process ofdemolition adopt the method of demolition land grabs the levy nomadic. Causedissatisfaction with the levy and intensified the contradiction intensified, populardiscontent, seriously affected the social stability.Therefore, solve the urban housing demolition should be from the above severalaspects. Build up the idea of respect for and protection of individual property rights,the protection of private rights. Collectivism ideology should be banned in mostpeople’s interests in the name of squeezing the individual rights. In terms of definitionof public interest, we should prevent the tendency of social and public interestsutilitarian standards. In guarantee under the premise of individual basic freedoms andrights, to sacrifice personal interests for the sake of public interests, but we must giveindividuals with fair and reasonable compensation. In the execution of programs,resolutely we put an end to violent demolition, and adhere to the "lay of separation"principle, and carry out the principle of procedural justice, and finally we mayguarantee the realization of substantive justice. Finally, we should change the extensive mode of economic development and urban development mode, and changethe unreasonable performance evaluation mechanism, and reduce violent demolitionphenomenon to appear.